Challenor v. Niles

Citations

• 78 Ill. 78

Syllabus

<p>1. Scire facias—not an ordinary action. A scire facias to revive a judgment is not a suit, within the meaning of the statute prohibiting a plaintiff from suing a defendant out of the county where the latter resides or may be found, but is a judicial writ, founded on a matter of record, and must be issued from the court in which the judgment was rendered.</p> <p>2. Jurisdiction—to send process out of county for service. In scire facias to revive a judgment, or upon a matter of record, the court has jurisdiction to send its process to any county where the defendant may be found, and a plea in abatement, that the defendant does not reside, etc., in such county, is not sustainable.</p> <p>3. Amendment—changing name of plaintiff. A scire facias, by an administrator, to revive a judgment in favor of his intestate, is irregular, if brought in the name of the deceased; but, in such a case, it is proper to allow an amendment, by substituting the name of the administrator as plaintiff.</p>